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PEOPLE v. SMITH

223 A.D.2d 465 (1996)

637 N.Y.S.2d 61

The People of the State of New York, Respondent, v. Kevin Smith, Also Known as Gregory Little, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 23, 1996

The sentencing court properly refused to allow defendant to withdraw his plea of guilty. Although the plea was induced by a promise of a sentence that was illegal, i.e., too lenient, for a second felony offender, defendant's status as such was unknown to the court at the time it accepted the plea only because defendant had misrepresented his true name. Defendant should not be permitted to benefit from the fraud he perpetrated...

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